A/HRC/35/19/Add.1
detention without judicial review for children between 12 and 15 years old but did not
modify the period for children aged between 16 and 17 years old) still allows for the
detention of Palestinian children for several days before their presentation to a military
court judge: 24 hours for children aged 12-13 (plus additional 24 hours for urgent
investigations), 48 hours for children aged 14 -15 (plus an additional 48 hours for urgent
investigations) and 96 hours for children aged 16-17 years old (as for adults).55 Therefore,
this part of the recommendation, and taken together with the above information – the
recommendation as a whole – is assessed as “not implemented”.
42.
In March 2015, the High Commissioner recommended that authorities in Gaza “take
all the necessary measures to ensure that the rights of persons deprived of liberty are
respected, including by ensuring effective, independent, impartial, thorough and transparent
investigations into allegations of torture and ill-treatment, and to ensure that perpetrators
are brought to justice and that victims have access to an effective remedy.”56
43.
Civil society organizations and the United Nations have continued to document
cases of torture by Gaza authorities.57 In January 2016, the High Commissioner, based on
information collected by OHCHR in Gaza, noted violations of due process, as well as
torture and ill-treatment during interrogation, and arbitrary arrests, mostly by local police
forces, but also corrections officers and members of the internal security apparatus. Some
arbitrary arrests have led to prolonged incommunicado detention. OHCHR also received
allegations of excessive use of force upon arrest, denial of the right to remain silent, and to
have legal representation and contact with family. Political opponents of Hamas, journalists
and human rights defenders are often among the victims.58
44.
Authorities in Gaza have failed to implement the recommendation of the High
Commissioner to conduct “effective, independent, impartial, thorough and transparent
investigations” of allegations of torture and ill-treatment. In 2012, Human Rights Watch
raised concerns of Hamas’ failure to “investigate and prosecute abusive security officials”
suspected of torture.59 It documented the case of Mr. Mahmoud Eshtewi, a member of the
military wing of Hamas, who was allegedly killed in custody in 2016 after being repeatedly
subjected to torture during interrogations. Authorities refused to provide any information on
the case to Human Rights Watch, and the family’s request for an autopsy was rejected.60
45.
The 2016-2017 report of Amnesty International on the human rights situation in the
State of Palestine 61 stated that “[t]orture and other ill-treatment of detainees remained
common and was committed with impunity by Palestinian police and other security forces
in the West Bank, and Hamas police and other security forces in Gaza”. According to the
report, authorities in the West Bank and in Gaza failed to investigate torture allegations and
to hold perpetrators accountable. The recommendation is therefore assessed as “not
implemented”.
D.
Settlements
46.
The review identified 93 recommendations related to Israeli settlements in the West
Bank, including East Jerusalem. Most (81) were addressed to Israel, none of which has
been implemented. The following table provides an overview of the distribution of the
issues covered by these recommendations and the percentage within this review.
55
See www.unicef.org/oPt/Children_in_Israeli_Military_Detention__Observations_and_Recommendations_-_Bulletin_No._2_-_February_2015.pdf, p.1.
56
A/HRC/28/80, para. 72.b.
57
See www.hrw.org/news/2016/02/15/palestine-torture-death-hamas-detainee.
58
A/HRC/31/40, paras. 69-78.
59
See www.hrw.org/news/2012/10/03/gaza-arbitrary-arrests-torture-unfair-trials.
60
See www.hrw.org/news/2016/02/15/palestine-torture-death-hamas-detainee.
61
See www.amnesty.org/en/countries/middle-east-and-north-africa/palestine-state-of/report-palestinestate-of/.
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents